Difference between revisions of "South Africa"

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|Research cloning=permitted
 
|Research cloning=permitted
 
|Sex selection=no policy
 
|Sex selection=no policy
|Surrogacy=PROHIBITED
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|Surrogacy=commercial prohibited
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|European Union=
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|Organisation for Economic Co-operation and Development=
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|Council of Europe=
 
|1997 COE Biomedicine Convention=n/a
 
|1997 COE Biomedicine Convention=n/a
 
|1998 COE Cloning Convention=n/a
 
|1998 COE Cloning Convention=n/a
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|2005 UNESCO Sports Doping Convention=RATIFIED
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|Treaty of Lisbon=n/a
 
|Treaty of Lisbon=n/a
|Key laws and policies=* [http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html Human Tissue Act] (s.39A inserted by s.26 of Act No. 51 of 1989) (1983)
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|Introduction=
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|Key laws and policies=* Children’s Act No. 38 of 2005 (Chapter 19) (See http://www.acts.co.za/childrens-act-2005/index.html) [http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html Human Tissue Act] (s.39A inserted by s.26 of Act No. 51 of 1989) (1983)
 
* [http://www.doh.gov.za/docs/bills/b32b.pdf National Health Act] (December 31, 2003)
 
* [http://www.doh.gov.za/docs/bills/b32b.pdf National Health Act] (December 31, 2003)
 
|Foundational values=The South African government practices the precautionary principle by stating, "The risk attached to the use of the technique on humans carries the possibility of hormonal manipulation in the egg donor, multiple miscarriages in the birth mother, and severe developmental abnormalities in any resulting child. The potential harms outweigh the potential benefits, and until studies in animal systems reverse this circumstance, we recommend that the use of human nuclear transfer cloning to create a new life should be prohibited."<ref>http://www.glphr.org/genetic/africa2-7.htm</ref>
 
|Foundational values=The South African government practices the precautionary principle by stating, "The risk attached to the use of the technique on humans carries the possibility of hormonal manipulation in the egg donor, multiple miscarriages in the birth mother, and severe developmental abnormalities in any resulting child. The potential harms outweigh the potential benefits, and until studies in animal systems reverse this circumstance, we recommend that the use of human nuclear transfer cloning to create a new life should be prohibited."<ref>http://www.glphr.org/genetic/africa2-7.htm</ref>
  
 
It is recommended that recommendations of the US National Bioethics Advisory Committee should regulate the donation of human embryos for stem cell research.<ref>http://www.glphr.org/genetic/africa2-7.htm</ref>
 
It is recommended that recommendations of the US National Bioethics Advisory Committee should regulate the donation of human embryos for stem cell research.<ref>http://www.glphr.org/genetic/africa2-7.htm</ref>
|Prohibited practices=The following practices are prohibited by the National Health Act:
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|Prohibited practices=EMBRYO RESEARCH AND CLONING
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The following practices are prohibited by the National Health Act:
 
* Inheritable genetic modification
 
* Inheritable genetic modification
 
* Reproductive cloning
 
* Reproductive cloning
|Permitted and regulated practices=South Africa does not regulate preimplantation genetic diagnosis explicitly by legislation or professional guidelines. However, the Medical Research Council of South Africa states that selecting sex is unethical if done for non-medical purposes.  
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COMMERCIAL SURROGACY
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* Commercial surrogacy is prohibited (Children's Act, Chapter 19, 301)
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|Permitted and regulated practices=SEX SELECTION
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South Africa does not regulate preimplantation genetic diagnosis explicitly by legislation or professional guidelines. However, the Medical Research Council of South Africa states that selecting sex is unethical if done for non-medical purposes.  
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RESEARCH CLONING
  
 
The National Health Act permits research cloning.  
 
The National Health Act permits research cloning.  
  
Egg donation is permitted under guidelines, both for reproduction and for research; compensation is limited to reimbursement of expenses.<ref name=asrm>American Society for Reproductive Medicine, "[http://www.fertstert.org/issues/contents?issue_key=S0015-0282(07)X0176-6 IFFS Surveillance 07]," ''Fertility and Sterility'' (Vol. 87. No. 4, Suppl. 1, April 2007)</ref><ref name=Sing>Singapore Bioethics Advisory Committee, “[http://www.bioethics-singapore.org/uploadfile/52533%20PMEgg%20Donation%20Consultation%20Paper.pdf Donation Of Human Eggs For Research: A Consultation Paper],” 7 November 2007</ref>
 
  
Surrogacy is covered by guidelines, implying the absence of national law. <ref name=asrm/>
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ALTRUISTIC SURROGACY
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* Altruistic surrogacy is permitted, with reimbursement of expenses related to pregnancy and birth; loss of wages; and health insurance.
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* In order for the agreement to be valid:
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a) the agreement is in writing and is signed by all the parties thereto;
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b) the agreement is entered into in the Republic;
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c) at least one of the commissioning parents, or where the commissioning parent is a single person, that person, is at the time of entering into the agreement domiciled in the Republic;
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d) the surrogate mother and her husband or partner, if any, are at the time of entering into the agreement domiciled in the Republic; and
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e) the agreement is confirmed by the High Court within whose area of jurisdiction the commissioning parent or parents are domiciled or habitually resident.  
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* At least one of the commissioning person(s) must be genetically related to the child
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NON-COMMERCIAL SPERM AND EGG DONATION
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* Is permitted
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* Reimbursement of expenses permitted
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* Is anonymous
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|Regulatory activities=
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|Accountability and governance=
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|History=
 
|External links=http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html
 
|External links=http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html
  

Revision as of 22:50, 22 February 2015